The English Reports: Chancery (including collateral reports) (1557-1865), Volume 33W. Green, 1903 |
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Page 5
... taken , as it must be in this instance , I think , it must appear , that the account cannot be taken conveniently or justly , or not so con- veniently and justly , while that person remains an assignee . If that distinction is not to be ...
... taken , as it must be in this instance , I think , it must appear , that the account cannot be taken conveniently or justly , or not so con- veniently and justly , while that person remains an assignee . If that distinction is not to be ...
Page 6
... taken . The petition fails in that respect . If the assignee should endeavour to embarrass the account , or if in the prosecution of it a necessity of bringing an action should arise , that would be a new ground , upon which he might be ...
... taken . The petition fails in that respect . If the assignee should endeavour to embarrass the account , or if in the prosecution of it a necessity of bringing an action should arise , that would be a new ground , upon which he might be ...
Page 24
... taken with the same attention as that party would give to it . Suppose it taken , so as to bind Lord Clinton ; and afterwards Mr. Walpole is called upon in a subsequent proceeding : the account must be repeated against him . Suppose ...
... taken with the same attention as that party would give to it . Suppose it taken , so as to bind Lord Clinton ; and afterwards Mr. Walpole is called upon in a subsequent proceeding : the account must be repeated against him . Suppose ...
Page 41
... taken place . In that case an account of the personal estate had been actually decreed : yet it was never taken . So , it might be argued , that the decree had made it a condition precedent to the application of the real estate , that ...
... taken place . In that case an account of the personal estate had been actually decreed : yet it was never taken . So , it might be argued , that the decree had made it a condition precedent to the application of the real estate , that ...
Page 52
... taken originally by Samuel Barnett makes no difference . It is sufficient to shew an assignment bona fide ; and the Court will not compel a discovery , for whose benefit it was taken . It is sufficient , that the Plaintiffs take as ...
... taken originally by Samuel Barnett makes no difference . It is sufficient to shew an assignment bona fide ; and the Court will not compel a discovery , for whose benefit it was taken . It is sufficient , that the Plaintiffs take as ...
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Common terms and phrases
action admitted affidavit agreement annuity answer applied appointed assigns attorney bankrupt bankruptcy Bill Cestui que trust charged circumstances claim codicil Commission consideration considered contract conveyance copyhold costs Court of Equity covenant creditors death debt decease declared Decree deed Defendant demurrer devise directed dividend effect entitled evidence executed executors farther fraud freehold fund give given Grant ground heir Henry Swinburne Injunction insisted instance instrument intention interest issue John John Purcell jurisdiction lease leasehold estates legacies legatee Lord Chancellor Erskine Lord Eldon Lord Hardwicke Lord Lonsdale Lord Thurlow marriage Master mortgage Motion objection opinion Order paid party payment personal estate Petition petitioner Plaintiff possession prayed premises principle Purcell purchase purpose question real estate rents and profits residue Rolls Sir Romilly settlement shew Solicitor specific performance Statute Statute of Frauds tenant term testator's Thornton transaction trustees wife
Popular passages
Page 281 - So it was early held that where a testator devised all his real and personal estate to his wife for life, and after her death to his son and...
Page 151 - ... to trustees to preserve contingent remainders ; remainder to the use of the...
Page 87 - It is ordered and adjudged by the lords spiritual and temporal in parliament assembled, that the said petition and appeal be, and is hereby, dismissed this House ; and that the said interlocutor therein complained of be, and the same is hereby, affirmed.
Page 508 - The question is, not, whether she knew what she was doing, had done, or proposed to do, but how the intention was produced : whether all that care and providence was placed round her, as against those, who advised her, which, from their situation and relation with respect to her, they were bound to exert on her behalf.
Page 298 - whether a demand connected with an illegal transaction is capable of being enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case. If the plaintiff cannot open his case without showing that he has broken the law, the court will not assist him, whatever his claim in justice may be upon the defendant.
Page 362 - The whole goes upon that; declarations in the family, descriptions in wills, descriptions upon monuments, descriptions in Bibles, and registry books, all are admitted upon the principle that they are the natural effusions of a party who must know the truth; and who speaks upon an occasion when his mind stands in an even position, without any temptation to exceed or fall short of the truth.
Page 475 - If the lord ousts his [copyhold] tenant he does him a wrong, for his tenant is as well inheritor to have the land to him and his heirs according to the custom of the manor as any man is to have his lands at common law.
Page 306 - B. lawfully begotten or to be begotten, equally to be divided between or among them, if more than one, share and share alike as tenants in common and not as joint tenants...
Page 313 - ... then the share or shares of him, her, or them so dying should...
Page 306 - ... to the use of such surviving and only son, and the heirs of his body; and, for default of such issue...